Samba Rape Case: Rape charges framed against ‘Talib’

>>>Prosecution to lead evidence on Sept 13

09/09/2018

Samba, Sep 8: Mr. R.K. Wattal Sessions Judge Samba today framed charges of rape under Section 376 R.P.C. and 4/25 Arms Act. Mr. A.K. Sawhney Advocate and Anil Sharma Advocates arerepresenting victim complainant Prosecutrix. The case for recording of prosecution evidence fixed on Sept. 13th. Mr. A.K. Sawhney Advocate concluded arguments onbail application and the said bail application is fixed for Judgment on Sept. 13th. Mr. Sawhney Advocate urged the court once the charges are framed and prima facie case is made out the inconsistent view can't be taken in the consideration of the bail application. Mr. Sawhney Advocate in his objections urged that after the amendment to Cr.PC. Sec 497C is an impediment and parameters of bail are different than general procedure of bail. Mr. Sawhney raised various objections some of them are as follow.Mr. Sawhney raised various objections to seek bail application so that one FIR is registered against him at Nagrota Police Station pending w.e.f. 2013 under Section 307 RPC i.e. an attempt to murder Dy. SP and challan could not be produced so far. Another FIR registered at Hiranagar Police Station bearing FIR No.14 of 2018 i.e. attacking Police Station Hiranagar, intimidately police officers and some of them were injured and FIR registered under various offences like 149, 153, RPC etc. The FIR No. 185 of 2018 reproduced registered of rape & attempt to murder i.e. that the accused is a habitual offender and numerous serious FIR are registered against him. He intimidates the witnesses so much so that one FIR is registered against him at Nagrota Police Station pending w.e.f. 2013 under section 307 RPC i.e. an attempt to murder Dy. SP and Challan could not be produced so far. Another FIR registered at Hiranagar Police Station bearing FIR No. 14 of 2018 i.e. attacking Police Station Hiranagar, intimidate Police officers and some of them were injured and FIR registered under offences 149 etc. RPC. The FIR No. 185 of 2018 is lodged by his own wife alleging serious allegations i.e. attempt to murder and rape u/s 376 RPC by brother of Talib Hussain and demand of dowry of Rs. 10 lakhs under the threat of Divorce. One FIR is registered at Police Station Bus Stand Jammu. One FIR is registered to commit suicide at police Station samba i.e. FIR No.2015 of 2018. One case is pending in the court of 2nd Addl. Sessions Judge Jammu i.e. under section 307 RPC attempt to murder.Mr. Sawhney alleged in his objections that Mr. Talib has created a horror in the Jammu province and no witness will dare to depose truth against him due to intimidation, fear, threat, horror and danger to their lives and their families. It is entirely unsafe to grant concession of bail to such dreaded person and no justice will be possible incase granted such concession of bail. The case is listed for arguments on August 20th before Sessions Judge Samba.Mr. A.K. Sawhney Advocate is representing the complainant prosecutor a victim of rape, dowry etc. Mr. A.K. Sawhney Advocate has also moved a maintenance petition for two minor children of Talib and his wife. Detail preliminary statements were recorded but no interim relief is provided therefore, Mr. A.K. Sawhney Advocate said that free of cost the maintenance of two minor female children shall be fought and it will be brought into notice of the High Court that no court can shirk to provide maintenance of minor children since they can't maintain themselves. Even an unemployed can go for daily wages and earn Five hundred to six hundred and can filed his children. Mr. Sawhney Advocate alleged that ignoring to provide maintenance amount not to exercise powers vested under law and it is within parameters of law. To provide maintenance to such a minor female child mind is not only within scope of law but it is human act to take care of such a minor child who needs daily milk etc. Not to provide maintenance is not only illegal and refusal to exercise powers but courts must moved the relief on humanitarian grounds too therefore, courts are expected.Mr. Sawhney to collect necessary statements and papers to move J&K High Court for maintenance of minor female children as "Pro Bono" service to children.